Smoke-free Tennessee Implementation of the Non-Smokers

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Smoke-free Tennessee

• Implementation of the Non-Smokers Protection Act
• Hugh Atkins, REHS
• Director, Division of Gen. Env. Health

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Section 39-17-1803. (a)

• Smoking is prohibited in all enclosed public
  places (including places of employment) within
  the State of Tennessee.
• Ban becomes effective October 1, 2007.

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Who is responsible for enforcement?

• The Department of Health in those enclosed public
  places otherwise regulated by the department.
• The Department of Labor and Workforce Development
  in those enclosed public places otherwise
  regulated by the department.

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Enforcement

• If neither department otherwise regulates an
  enclosed public placethe Department of Labor and
  Workforce Development shall enforce the
  provisions of this part therein.

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Examples of Health Establishments

• restaurants
• hotels/motels/bed and breakfast est.
• tattoo studios
• camps
• swimming pools

• assisted care living facilities
• pharmacies
• veterinary facilities
• massage establishments
• hospitals

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Examples of Labor Establishments

• retail establishments
• construction sites
• manufacturing facilities
• EMT operations
• hospitals
• doctors offices

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Examples of establishments not regulated by
either Department

• malls
• convenience stores/grocery stores
• libraries
• sports venues

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Inspections

• The Department of Health and the Department of
  Labor and Workforce Development shall, while an
  establishment is undergoing otherwise mandated
  inspections, inspect for compliance with this
  part.

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What are businesses required to do?

• Post No Smoking signs or the universal No
  Smoking symbol at every entrance.
• Signs shall be clearly and conspicuously placed
  at a height, location and in such a size as to be
  easily seen by a person with normal vision
  entering the establishment and shall not be
  obscured in any way.

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Signs

• Acceptable signs

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Signs
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What are businesses required to do?

• Communicate the smoking prohibition to employees.
• Ensure that no more than 25 of the hotel/motel
  rooms are designated as smoking rooms.

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What are businesses required to do?

• If someone is smoking
• The person in charge of the establishment (owner,
  manager, operator, or an employee) must inform
  the smoker of the appropriate provisions of the
  Act.

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Exemptions

• Age-restricted venues, which restrict access to
  their buildings or facilities at all times to
  persons who are twenty-one (21) years of age or
  older.
• Private businesses with three (3) or fewer
  employees smoking may be allowed in an enclosed
  room not accessible to the general public.

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Exemptions

• Non-enclosed areas of public places
• Open air patios, porches or decks
• Any area enclosed by garage type doors one (1) or
  more sides when all such doors are completely
  open
• Any area enclosed by tents or awnings with
  removable sides or vents when all such sides or
  vents are completely removed or open.

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Exemptions

• Smoke from such areas shall not infiltrate into
  areas where smoking is prohibited by the Act.

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Exemptions

• Private Clubs
• Private Homes
• Retail tobacco stores that prohibit minors on
  their premises
• Commercial vehicles when such vehicle is occupied
  solely by the operator

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Penalties (for individuals)

• A person who knowingly smokes in an area where
  smoking is prohibitedshall be subject to a civil
  penalty of fifty dollars (50).

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Penalties (establishments)

• A person who owns, manages, operates, or
  otherwise controls any public placeand who
  knowingly fails to comply with any provision of
  this part shall be subject to

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Penalties (cont.)

• 1st violation in a 12-month period written
  warning from the regulating Department.
• 2nd violation in a 12-month period civil
  penalty of one hundred dollars (100)
• For a third or subsequent violation in any
  12-month period civil penalty of five hundred
  dollars (500)

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Enforcement

• Nothing in this statute gives either department
  the authority to suspend or revoke an
  establishments permit or license.
• The Commissioners of either department may apply
  for injunctive relief to enforce such provisions
  in any court of competent jurisdiction.

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Complaints

• The public can register complaints via telephone,
  e-mail, or on the internet.
• 1-800-293-8228
• Calls will be routed to the appropriate agency.
• People can simply call the local health
  department.
• There will be a complaint intake screen that the
  public can access on the states website.

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Complaint Investigations

• If the department of health receives a complaint
  on an establishment it regulates
• Check to see if an inspection has been conducted
  for the cycle.
• If an inspection has not been conducted, then
  investigate the smoking complaint and conduct a
  regulatory inspection.

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Complaint Investigations

• If an inspection has already been conducted for
  the cycle, then someone from the Department of
  Health should visit the establishment and
  investigate the complaint.
• If the Department of Health receives a complaint
  that should be investigated by the Department of
  Labor, then we will refer the complaint to that
  department.

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Frequently Asked Questions

• Can I?
• No.
• Unless there is a specific exemption in the Act,
  smoking is prohibited in the establishment.

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FAQs

• Can I be a no smoking establishment during lunch
  and then restrict access to persons 21 and older
  at night and allow smoking?
• No.
• Age-restricted venue means a legal
  establishment that affirmatively restricts access
  to its buildings or facilities at all times to
  persons who are twenty-one (21) years of age or
  older

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FAQs

• Can I wall-off a section of my restaurant with a
  separate entrance and allow only persons
  twenty-one (21) years of age or older to smoke in
  that section?
• No. This room is still part of the restaurant.
  The whole establishment must be smoke-free or an
  age-restricted venue.

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FAQs

• What can I do to accommodate the smokers who come
  into my establishment?
• This is the Non-Smokers Protection Act. Its
  purpose is to accommodate non-smokers.

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FAQs on the web

• http//health.state.tn.us/smokefreetennessee
• The link (The Non-Smokers Protection Act) is
  located at the top of the right side of the page.

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SECTION 3.

• This act shall be liberally construed so as to
  further its purposes.

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THE END